What is the legal test for meeting the threshold in a motor vehicle accident?

Ontario, Canada


The following excerpt is from McNamee v. Oickle, 2020 ONSC 2371 (CanLII):

In Meyer v. Bright,[4] the Court of Appeal outlined the three-part inquiry which is to be undertaken in the threshold analysis as follows: (1) Has the injured person sustained permanent impairment of a physical, mental or psychological function? (2) If yes, is the function which is permanently impaired important? (3) If yes, is the impairment of the important function serious? This decision remains the proper framework in analyzing whether a case meets the threshold.

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